57927

Donaldson Enterprises, Inc.

July 16, 2013Judge Freeman
Partially SustainedContract InterpretationAccord & Satisfaction / Release / WaiverCommercial Item

Donaldson Enterprises, Inc. appealed a contracting officer's decision to deduct $3,627.48 from an invoice due to alleged conversion of government property by a subcontractor. The Board found DEI liable for the loss but adjusted the deduction based on the actual value of the property.

Material Facts

  • DEI was awarded Contract 0030 to blast, excavate, crush, and transport rock from a government quarry.
  • The contracting officer deducted $3,627.48 from a delivery order invoice for the value of government property allegedly converted by a subcontractor.
  • The Board found that DEI was contractually responsible for the loss of the government property.
  • The value of the property at the time of conversion was determined to be $3,051.28.
  • The appeal was sustained for the difference of $576.20 between the deduction and the Board's valuation.

Parties

Appellant
Donaldson Enterprises, Inc.
Respondent Agency
Department of the Army
Contract Number
W912CN-10-D-0030
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